I am 13 years old and I live in New York. I have a totin’ chip from the Boy Scouts of America. I have a flip-switch knife(I don’t know if that’s the proper name it’s the one with a lever that you press and it opens quicker. Also not a switchblade) and it’s blade is about 3 maybe 4 inches. Is it legal for me to carry? I know I can’t have it in places like a school or government facility (Police station etc.) but I sometimes keep it on me when I’m out like at my firehouse or when I’m just out at a park. I also don’t live in the city so I don’t know how the laws work. Please someone explain if I’m allowed to carry it in just a general place where it wouldn’t be illegal for An adult.
NYS Possession Laws
- Thread starter VinnyC
- Start date
New York State laws (not to be confused with NYC laws) are a little vague but fairly straightforward for what you're talking about.
There is no size/length restriction in the law, no age restriction, and the manner you carry (that is, concealed or openly) also doesn't matter.
Folding knives as a general rule are legal for you to have, provided they are not a switchblade or gravity knife within the state's meaning of that word (not the manufacturer's opinion). It simple terms, if you have to put your thumb or finger on part of the blade to make it open, it is not a switchblade. If it has a stud, peg, or hole on the blade, or part of the base of the blade sticks out when it's closed, that still count as part of the blade. If there is a button, slider, or level that is in the handle, then it is a switchblade.
New York has an rather infamous gravity knife ruling that means it can be applied to any folding knife that locks (if a cop can flick it with one hand using centrifugal force), but in practice only NYC enforces it. This law is also the subject of a bitter legal battle over the past few years, and with luck will be overturned soon.
You cannot carry a dagger, dirk or stiletto, with intent to use against another, and intent is presumed if caught, so while could still be found innocent, you would still be arrested.
There is no size/length restriction in the law, no age restriction, and the manner you carry (that is, concealed or openly) also doesn't matter.
Folding knives as a general rule are legal for you to have, provided they are not a switchblade or gravity knife within the state's meaning of that word (not the manufacturer's opinion). It simple terms, if you have to put your thumb or finger on part of the blade to make it open, it is not a switchblade. If it has a stud, peg, or hole on the blade, or part of the base of the blade sticks out when it's closed, that still count as part of the blade. If there is a button, slider, or level that is in the handle, then it is a switchblade.
New York has an rather infamous gravity knife ruling that means it can be applied to any folding knife that locks (if a cop can flick it with one hand using centrifugal force), but in practice only NYC enforces it. This law is also the subject of a bitter legal battle over the past few years, and with luck will be overturned soon.
You cannot carry a dagger, dirk or stiletto, with intent to use against another, and intent is presumed if caught, so while could still be found innocent, you would still be arrested.
Glistam is correct ( as always), but I will add this:
S 265.05 Unlawful possession of weapons by persons under sixteen.
It shall be unlawful for any person under the age of sixteen to
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring or air, or any gun or any instrument or
weapon in or upon which any loaded or blank cartridges may be used, or
any loaded or blank cartridges or ammunition therefor, or any dangerous
knife; provided that the possession of rifle or shotgun or ammunition
therefor by the holder of a hunting license or permit issued pursuant to
article eleven of the environmental conservation law and used in
accordance with said law shall not be governed by this section.
A person who violates the provisions of this section shall be
adjudged a juvenile delinquent.
Dangerous knife is subject to intent and design. Additionally while NYC enforces the gravity knife definition strictly, it is state law. At 13 I would keep to carrying only a non locking small folder.
S 265.05 Unlawful possession of weapons by persons under sixteen.
It shall be unlawful for any person under the age of sixteen to
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring or air, or any gun or any instrument or
weapon in or upon which any loaded or blank cartridges may be used, or
any loaded or blank cartridges or ammunition therefor, or any dangerous
knife; provided that the possession of rifle or shotgun or ammunition
therefor by the holder of a hunting license or permit issued pursuant to
article eleven of the environmental conservation law and used in
accordance with said law shall not be governed by this section.
A person who violates the provisions of this section shall be
adjudged a juvenile delinquent.
Dangerous knife is subject to intent and design. Additionally while NYC enforces the gravity knife definition strictly, it is state law. At 13 I would keep to carrying only a non locking small folder.
Here is some random case law from NY about what is considered a 'dangerous knife' (People v. Dudley, 53 Misc. 3d 679, 682, 37 N.Y.S.3d 387, 390 (N.Y.Crim.Ct. 2016)):
The term “dangerous knife” has no statutory definition, “but in context a dangerous knife is a knife that may be characterized as a weapon' ” (People v. Campos, 93 A.D.3d 581, 582, 940 N.Y.S.2d 634 [1st Dept.2012], citing Matter of Jamie D., 59 N.Y.2d 589, 592, 466 N.Y.S.2d 286, 453 N.E.2d 515 [1983] ). A knife that has nonviolent uses “may nonetheless be determined to fall within the statutory prescription when the circumstances of its possession including the behavior of its possessor demonstrate that the possessor himself considered it a weapon” (Matter of Jamie D. at 591, 466 N.Y.S.2d 286, 453 N.E.2d 515).
Defendant's statement that he possessed the knife for protection permits a reasonable inference that defendant regarded this knife as a weapon and not as a mere utensil. Since defendant regarded his knife as a weapon, the knife is a “dangerous knife” under the rationale set forth in Matter of Jamie D.
Here is some random case law on gravity knives (People v. Dreyden, 15 N.Y.3d 100, 104, 931 N.E.2d 526, 528 (2010)):
The Penal Law defines a gravity knife as one with a blade that (1) “is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force” and that (2) “when released, is locked in place by means of a button, spring, lever or other device” (Penal Law § 265.00 [5] ). This definition distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force (see United States v. Irizarry, 509 F.Supp.2d 198, 210 [E.D.N.Y.2007] ). It further “requires that the blade lock in place automatically upon its release and without further action by the user” (People v. Zuniga, 303 A.D.2d 773, 774, 759 N.Y.S.2d 86 [2d Dept.2003] ), distinguishing a gravity knife from, for example, a “butterfly knife,” which requires manual locking (see id.).
The term “dangerous knife” has no statutory definition, “but in context a dangerous knife is a knife that may be characterized as a weapon' ” (People v. Campos, 93 A.D.3d 581, 582, 940 N.Y.S.2d 634 [1st Dept.2012], citing Matter of Jamie D., 59 N.Y.2d 589, 592, 466 N.Y.S.2d 286, 453 N.E.2d 515 [1983] ). A knife that has nonviolent uses “may nonetheless be determined to fall within the statutory prescription when the circumstances of its possession including the behavior of its possessor demonstrate that the possessor himself considered it a weapon” (Matter of Jamie D. at 591, 466 N.Y.S.2d 286, 453 N.E.2d 515).
Defendant's statement that he possessed the knife for protection permits a reasonable inference that defendant regarded this knife as a weapon and not as a mere utensil. Since defendant regarded his knife as a weapon, the knife is a “dangerous knife” under the rationale set forth in Matter of Jamie D.
Here is some random case law on gravity knives (People v. Dreyden, 15 N.Y.3d 100, 104, 931 N.E.2d 526, 528 (2010)):
The Penal Law defines a gravity knife as one with a blade that (1) “is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force” and that (2) “when released, is locked in place by means of a button, spring, lever or other device” (Penal Law § 265.00 [5] ). This definition distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force (see United States v. Irizarry, 509 F.Supp.2d 198, 210 [E.D.N.Y.2007] ). It further “requires that the blade lock in place automatically upon its release and without further action by the user” (People v. Zuniga, 303 A.D.2d 773, 774, 759 N.Y.S.2d 86 [2d Dept.2003] ), distinguishing a gravity knife from, for example, a “butterfly knife,” which requires manual locking (see id.).